Code of Virginia - Title 3.2 Agriculture, Animal Care, And Food - Chapter 40 Seeds

3.2-4000 (Effective October 1, 2008) Definitions.
As used in this chapter, unless the context requires another meaning: "Advertisement" means any representation relating to seed within the scope of this article that ...

3.2-4001 (Effective October 1, 2008) Authority of Board to adopt regulations.
The Board may adopt regulations: 1. Governing: (i) methods of sampling; (ii) methods of inspection; (iii) methods of testing in the laboratory and in the ...

3.2-4002 (Effective October 1, 2008) Authority of Commissioner to adopt regulations.
A. The Commissioner may, by regulation: (i) adopt the Rules for Testing Seeds established by the Association of Official Seed Analysts; (ii) amend the standards ...

3.2-4003 (Effective October 1, 2008) Powers and duties of the Commissioner.
The Commissioner may: 1. Establish and maintain seed-testing facilities; 2. Fix and collect fees for testing seeds for farmers and dealers that have requested the ...

3.2-4004 (Effective October 1, 2008) Seed Fund; established.
There is hereby created in the state treasury a special nonreverting fund to be known as the Seed Fund, hereafter referred to as the "Fund." ...

3.2-4005 (Effective October 1, 2008) License required to market seed.
A. Any person whose name appears on the label of seed shall obtain a license from the Commissioner before distributing, selling, or offering to sell ...

3.2-4006 (Effective October 1, 2008) Duty to maintain records.
Any person who sells, offers for sale, transports, or delivers agricultural or vegetable seed for transportation shall keep a complete record of sale, origin, germination, ...

3.2-4007 (Effective October 1, 2008) Guaranty by seller.
A. Any person who sells seeds for producing crops shall be bound as guarantor that such seeds are true to kind and variety as represented ...

3.2-4008 (Effective October 1, 2008) Labeling and advertising requirements.
A. All seed sold, offered for sale, transported, or advertised for planting purposes and all screenings shall bear or have attached in a conspicuous place ...

3.2-4009 (Effective October 1, 2008) Lawn and turf seed mixture; registration and labeling.
A. Any person packing or distributing lawn and turf seed mixture bearing a distinguishing name or trademark in prepackaged containers of 100 pounds or less ...

3.2-4010 (Effective October 1, 2008) Lawn and turf seed; inspection fee.
A. Any person who introduces lawn and turf seed for sale shall pay the Commissioner an annual inspection fee by January 31 following the year ...

3.2-4011 (Effective October 1, 2008) Inspection.
A. The Commissioner may sample, inspect, analyze, and test seeds transported, sold, or offered for sale for planting purposes and screenings for any purpose. For ...

3.2-4012 (Effective October 1, 2008) Stop sale order.
The Commissioner shall issue and enforce a written or printed stop sale order to the owner or custodian of any lot of agricultural, vegetable, flower, ...

3.2-4013 (Effective October 1, 2008) Seizure; disposition of seeds.
Any lot of agricultural, vegetable, flower, tree and shrub, lawn and turf seeds, mixtures of such seeds, or screenings sold, offered for sale, or held ...

3.2-4014 (Effective October 1, 2008) Assessment for variance from guarantee.
A. The Commissioner may make an assessment for variance from guarantee upon the guarantor if any person sells seed if he finds such seed: (i) ...

3.2-4015 (Effective October 1, 2008) Prohibitions.
It is unlawful to: 1. Transport, offer for transportation, sell, or offer for sale seed or seed mixtures: a. Unless the germination test to determine ...

3.2-4016 (Effective October 1, 2008) Exemptions from certain provisions.
A. The provisions of §§ 3.2-4008 and 3.2-4015 and subdivision 6 of § 3.2-4001 shall not apply to: 1. Seed or grain sold or represented ...

3.2-4017 (Effective October 1, 2008) Disclaimers, nonwarranties, and limited warranties.
No disclaimer, nonwarranty, or limited warranty used in any invoice, advertising, labeling, nor any other written, printed or graphic matter pertaining to seed may deny ...

3.2-4018 (Effective October 1, 2008) Notice of violations; warning.
A. The Commissioner shall notify the custodian of any seed or screenings in violation of this article. The Commissioner shall forward a copy of notice ...

3.2-4019 (Effective October 1, 2008) Duty of attorney for Commonwealth.
It shall be the duty of each attorney for the Commonwealth to whom any violation of this article is reported to commence proceedings in the ...

3.2-4020 (Effective October 1, 2008) Penalty.
Any violation of this article is a Class 3 misdemeanor. (Code 1950, § 3-219.11; 1958, c. 483; 1966, c. 702, § 3.1-273; 1994, c. 577; ...

3.2-4021 (Effective October 1, 2008) Certified Seed Board; purpose.
The Certified Seed Board is hereby established as a policy board that is a unit of and is within the Cooperative Extension of the Virginia ...

3.2-4022 (Effective October 1, 2008) Membership; terms; quorum; meetings.
The Certified Seed Board shall have a total membership of seven consisting of two nonlegislative citizen members and five ex officio members. Nonlegislative citizen members ...

3.2-4023 (Effective October 1, 2008) Compensation and expenses.
The members of the Board shall serve without compensation, but shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their ...

3.2-4024 (Effective October 1, 2008) Powers and duties of the Certified Seed Board.
The Certified Seed Board shall have the following powers and duties: 1. To encourage the production and use of certified seed as an economic measure ...

3.2-4025 (Effective October 1, 2008) Regulations.
The Certified Seed Board may adopt regulations after a public hearing and investigation. At least 15 days prior to the public hearing, the Certified Seed ...

3.2-4026 (Effective October 1, 2008) Illegal use of word "certified"; who may make certification; standard...
A. It is unlawful for any person to use the term "certified" or imply certification relative to any agricultural seeds, vegetable seeds, tubers for planting ...

3.2-4027 (Effective October 1, 2008) Certification by Department, Commissioner, or Board not affected...
Nothing contained in this chapter shall be construed to regulate, restrict, or affect the certification of seeds, plants, or other materials by the Department, the ...